CLA/CP Exam Trivia 3

Question 1

Which amendment to the US Constitution protects against unreasonable searches and seizures?

Accepted Answer

Fourth Amendment

Answer

The Fourth Amendment guards against unreasonable searches and seizures and generally requires a warrant supported by probable cause.

Question 2

In contract law, what is 'consideration'?

Accepted Answer

Something of value exchanged between the parties

Answer

Consideration is the bargained-for exchange—each party must give something of legal value for a contract to be enforceable.

Question 3

What is a 'deposition' in the context of civil litigation?

Accepted Answer

Out-of-court sworn testimony taken before trial

Answer

A deposition is a discovery tool in which a witness gives sworn oral testimony outside of court, recorded for later use.

Question 4

Which legal concept bars a party from re-litigating an issue that was already decided in prior litigation between the same parties?

Accepted Answer

Collateral estoppel

Answer

Collateral estoppel (issue preclusion) prevents re-litigation of a specific issue already fully and fairly litigated and decided.

Question 5

What is the standard of proof required to establish guilt in a US criminal trial?

Accepted Answer

Beyond a reasonable doubt

Answer

Criminal convictions require the prosecution to prove guilt beyond a reasonable doubt, the highest standard in American law.

CLA/CP Exam Practice Test